The Special Court in The Hague published an extended version of the Special Prosecutor’s Office’s request for the detainment of Hashim Thaci, Kadri Veseli, Rexhep Selimi, and Jakup Krasniqi. The request alleges that Kosovo government officials „loyal“ to Thaci and Veseli – such as the former Justice Minister Abelard Tahiri and the former head of a Division for Coordinating the Process of Legal Protection and Financial Support for Potential Accused Persons in Trials before the Specialist Chambers, Driton Lajci – presided over “corrupt government pay-outs” to potential SPO witnesses. The SPO stated that this division processed applications for the payment of purported expenses for suspects appearing before the SPO, as well as to those who did not submit a formal request, even though the KSC already reimburses interviewees for such expenses.
The SPO recalled that the former Kosovo Minister of Justice, Abelard Tahiri appointed Driton Lajci as the head of a Division for Coordinating the Process of Legal Protection and Financial Support for Potential Accused Persons in Trials before the Specialist Chambers.
They said that Tahiri worked extensively with Thaci in „multiple roles“. Other details about this cooperation, however, are not known to the public, because this point of the prosecution’s request, as well as the next one, has been redacted.
According to a prosecution document, directly prior to taking up the role as head of the division, Jalci worked as an advisor to Veseli and has known Thaci for over 25 years, having been a member of the initiatory council of Thaci’s PDK in 1999.
Under Lajci, the prosecution states, the division processed applications for the payment of purported ‘litigation and travel expenses’ for suspects appearing before the SPO, even though the KSC already reimburses interviewees for such expenses.
“It is apparent that the money paid by the Division is not given pursuant to consistent criteria and bears little relation to legitimate expenses incurred.”
In the redacted point of the request, the prosecution further states that a certain person received money, the amount of which was not specified, on the occasion of a one-day interview in The Hague, adding that there is no evidence this person ever formally applied to the Division for financial support before receiving such payment.
On the other hand, the SPO added that applications of others – some interviewed by the SPO for several days – had yet to be approved months later.
According to the prosecution, Thaci and Veseli have also relied on loyalists like Lajci to report on details of the SPO’s investigation.
Tahiri, Lajci, as well as another official of the Division for Financial Support for Potential Accused Persons in Trials before the Specialist Chambers were questioned last year by the Specialist Prosecutor’s Office regarding a leak in the Ministry of Justice, which was headed by Tahiri at the time.
They were questioned after the SPO launched an investigation into the division’s role and Lajci as its head, regarding possible obstruction of justice, including alleged violations of articles in the Kosovo Criminal Code related to obstruction of evidence or official proceedings, and intimidation during proceedings.
Lajci, however, recently resigned from the position of the head of the Division for Financial Support for Potential Accused Persons in Trials before the Specialist Chambers. According to Pristina media reports, Abelard Tahiri was in Thaci’s house during the search – a day after Thaci, Veseli and Selimi traveled to The Hague.
The president and vice president of the KLA War Veterans Association, Hysni Gucati and Nasim Haradinaj were arrested in Pristina in September under the suspicion they committed crimes against justice and obstructing court investigations. The Prosecution filed an indictment with the court against them on October 30th.
The attempts to influence potential witnesses, including named JCE members, have also included hiring them to government positions – the SPO added.
The prosecution recalled the case of a convicted war criminal Sylejman Selimi, who got out of prison on 25th January 2019 and was promptly served with a SPO summons on the 29th January. Within 72 hours of being served, he was hired as a government ‘adviser’ to the then-prime minister Ramush Haradinaj.
“Following a public outcry, Selimi was let go from his responsibilities shortly after his February 2019 SPO interview, but not before receiving over €15,000 in salary for doing next to nothing,” they added.
According to the prosecution document, named JCE member Rrustem Mustafa was interviewed by the SPO in January 2019. On 14th February, Thaci hired him as an adviser with a salary of €18,000 per year – none of which was publicly disclosed until it was revealed in a report of the Kosovo Anti-Corruption Agency.
The SPO’s detainment request, the first version of which was made before the indictment had even been confirmed, states that each of the suspects has the means, motive, and opportunity to interfere with witnesses, and otherwise evade and obstruct proceedings.
“That such incidents are occurring before any indictment is confirmed vividly illustrates the risk that would come from letting the suspects remain at liberty… In these circumstances, at least until the witnesses are heard and evidence secured, detention is necessary.”
According to the prosecution, these arguments provide sufficient grounds for the four leaders of the former KLA to remain in detention.
Defense attorneys announced during the first hearing before the court that they would submit a request for their release. In the specific example of Veseli and Thaci, their defense attorneys, in support of their clients’ willingness to cooperate with the court, stated that they were key figures in the formation of the court. Thaci’s defense attorney even described him as a „midwife at the birth of the court.“
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